Anas Khan vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

Anas Khan vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted to applicant Anas Khan in Case Crime No. 714 of 2024 till submission of police report under Section 193(3) BNSS; on arrest, release on personal bond of Rs. 50,000/- with two sureties each in like amount, subject to the three conditions in paras 14-16. In default of any condition, the Investigating Officer is at liberty to file an appropriate application for cancellation (para 8/17). The Investigating Officer is directed to conclude the investigation expeditiously, preferably within three months from production of a copy of the order, independently and without being prejudiced by any observation of the Court (para 9/18); the applicant is to produce a copy of the order before the S.S.P./S.P. concerned within ten days, who shall ensure compliance (para 10/19). Merits expressly not commented upon.

Issue for consideration

Whether the applicant, Anas Khan, arraigned in Case Crime No. 714 of 2024 (Sections 318(4), 338, 336(3), 340(2), 341(1) B.N.S. and Section 63 of Copyright Act, P.S. Sadar Bazar, District Saharanpur), is entitled to anticipatory bail, the alleged drugs having been recovered from the house of co-accused Danish Hayat and no substantive evidence allegedly linking the applicant to the offence. +1 more

Court's answer

Having regard to the submissions, the nature of accusations and antecedents of the applicant, in particular that the alleged drugs were recovered from the house of co-accused Danish Hayat, who had already been granted anticipatory bail till submission of police report by a coordinate Bench of this Court, and finding that at this stage there is no substantive evidence to link the applicant, the Court held the applicant entitled to be enlarged on anticipatory bail till the submission of police report, without commenting on the merits of the case.

Ratio / Principle

In the event of arrest, the applicant is to be released on anticipatory bail in the aforesaid case crime on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned.

Key takeaways

The relief is expressly confined: the anticipatory bail operates only till the submission of the police report, if any, under Section 193(3) BNSS.ratio¶13
Release is subject to conditions: (i) the applicant shall make himself available for interrogation as and when required (para 14(i)); (ii) he shall not directly or indirectly induce, threaten or promise any person acquainted with the facts so as to dissuade disclosure to the Court or police (para 15(ii)); (iii) he shall not leave India without previous permission of the Court and, if he holds a passport, shall deposit it with the S.S.P./S.P. concerned (para 16(iii)).ratio¶14

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 69), single member (Hon'ble Vivek Varma, J.), order dated 2.5.2025. Anticipatory bail under Section 482 BNSS granted to applicant Anas Khan in Case Crime No. 714 of 2024 (Sections 318(4), 338, 336(3), 340(2), 341(1) B.N.S. and Section 63 of Copyright Act; P.S. Sadar Bazar, District Saharanpur), expressly confined till submission of the police report, if any, under Section 193(3) BNSS. On arrest, release on a personal bond of Rs. 50,000/- with two sureties each in the like amount to the SHO's satisfaction, with conditions: availability for interrogation; no inducement, threat or promise to any person acquainted with the facts; no departure from India without previous permission of the Court and deposit of passport with the S.S.P./S.P. concerned. Breach of conditions entitles the Investigating Officer to seek cancellation. The grant rests on the alleged drugs having been recovered from the house of co-accused Danish Hayat, his earlier anticipatory bail till submission of police report by a coordinate Bench (order dated 04.02.2025 in Criminal Misc. Anticipatory Bail Application No. 809 of 2025), the absence at this stage of substantive evidence linking the applicant, and counsel's plea of no criminal antecedents; the Court refrained from commenting on the merits. The Investigating Officer was directed to conclude the investigation expeditiously, preferably within three months, independently of and unprejudiced by the observations in this order.

Neutral Citation No. - 2025:AHC:70032

Court No. - 69

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2986 of 2025

Applicant :- Anas Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vineet Vikram Counsel for Opposite Party :- G.A.

Hon'ble Vivek Varma,J.

Heard learned counsel for the applicant as well as Sri V.P.Tripathi, learned AGA for the State, and perused the material placed on record.

This application under Section 482 BNSS has been filed seeking anticipatory bail in Case Crime No. 714 of 2024, under Sections 318(4), 338, 336(3), 340(2), 341(1) B.N.S. and Section 63 of Copyright Act, Police Station Sadar Bazar, District Saharanpur.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The alleged drugs were recovered from the house of the co-accused Danish Hayat. The applicant has neither forged nor manipulated any documents. The applicant has not infringed or has abetted the infringement of the copyright or the rights conferred. The co-accused Danish Hayat has been granted anticipatory bail till submission of police report by the co-ordinate Bench of this Court vide order dated 04.02.2025 passed in Criminal Misc. Anticipatory Bail Application No. 809 of 2025. At this stage there is no credible evidence to link the applicant with the offence. The applicant has no criminal antecedents. It is next submitted that the investigation is pending and the applicant has apprehension of his arrest in the above mentioned case.

Learned AGA opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report.

Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and

antecedents of the applicant, in particular the fact, that the the alleged drugs were recovered from the house of the co-accused Danish Hayat, who has been granted anticipatory bail by the coordinate Benh of this Court, at this stage, there is no substantive evidence to link the applicant, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report.

In the event of arrest, the applicant- Anas Khan be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 193 (3) BNSS, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-

(i) The applicant shall make himself available for interrogation by a police officer as and when required;

(ii) The applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. concerned.

In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.

The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.

The application stands disposed of.

Order Date :- 2.5.2025/Lbm/-

Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad